Thank you for visiting Gail Jewelers website. This site is designed to allow you to purchase quality jewelry while receiving the personal service and attention you expect from a fine jeweler. Gail Jewelers provide their services to you subject to the following terms and conditions.
Please read carefully the following terms and conditions relating to your use of this site. By using this site you agree to the following terms and conditions. We reserve the right to modify them at any time. If you have registered with Gail Jewelers you will be notified of these changes via email. You will have time to set forth in such notice to inform Gail Jewelers if you do not agree with these terms and changes; you must discontinue use of the Gail Jewelers site. By using this site after we post changes to these terms and conditions you agree to those changes.
All personal information is kept private. We do not sell or share your personal information with any other sites or businesses.
Proprietary Rights to Content
You acknowledge and agree that this site contains information, data, software, photographs, graphics, video, images, typefaces, sounds and other material (collectively Content) that are protected by copyrights, trademarks or other proprietary rights and that these rights are valid and protested in all forms, media and technologies existing now or hereinafter. All Content is copyrighted as a collective work under the U.S. copyright laws and Gail Jewelers owns the copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify ,remove ,change, delete ,augment ,add to ,publish, transmit or participate in the transfer, license or sale of, create derivative works or for any reason exploit any of the content, in whole or in part. If no specific restrictions are displayed you may make copies for your personal use. You may not modify or change the original Content in any way. You must maintain any notices contained in the Content, such as copyright laws or other proprietary notices without acquiring the permission of owner of the copyright or other proprietary right. You may not use data mining, robots, or similar data gathering and/or extraction tools. This site may not be reproduced, copied, duplicated, sold, resold, visited, or otherwise exploited for any commercial use without the express consent of Gail Jewelers. You may not frame or utilize framing techniques to enclose any trademarks, logos or other proprietary information (including images, text, page- layout, or form) of Gail Jewelers without our express and written consent. Any unauthorized use terminates the permission or license granted by Gail Jewelers.
Gail Jewelers and other marks indicated on our site are service marks of Gail Jewelers. They may not be used or displayed without the prior written consent of Gail Jewelers. All other trademarks, product names and company’s names and logos appearing on Gail Jewelers site are the property of the respective owners.
Gail Jewelers and its affiliates attempt to be as accurate as possible. However, Gail Jewelers does not warrant that product description or other content on this site is accurate, complete, reliable, current or error free. If a product that is offered by Gail Jewelers is not as it is described you may return it to us.
Users’ Account Obligations
In consideration for your use of this site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the form for your account information. (b) Maintain and promptly update the account information, keep it true, accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete we have the right to suspend or terminate your account and refuse any and all future use of this site.
You expressly understand and agree that:
(a) Your use of the site is at your sole risk. The site is provided on an ”As is” and “As available basis” to the fullest extent permissible pursuant to the applicable law. Gail Jewelers expressly disclaims all warranties of any kind whether express or implied. Including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non infringement.
(b) Gail Jewelers does not warrant or represent that (i)The site will meet your requirements (ii)The site will be uninterrupted, timely, secure or error free (iii)The results that may be obtained from the use of the site will be accurate or reliable (iv)The quality of any products, service or information or other material purchased or obtained by you through the site will meet your expectations (v)The server that makes the site available is free of viruses or
(c) Any material downloaded or otherwise obtained through the use of this site is done at your own risk and discretion; and you will be responsible for any damage to your computer system or loss of data that results from the downloading of any such material. You (and not Gail Jewelers any of its licensees or suppliers) assume the entire cost of necessary servicing repair or correction.
(d) No advice or information, whether oral or written ,obtained by you from Gail Jewelers or through or from this site shall create any warranty not expressly stated in the terms of service
(e) Applicable law may not allow the exclusion of the implied warranties so the above exclusion may not apply to you.
Limitations of Liability
Gail Jewelers and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees shall not be liable for any direct ,indirect,incidental, special; or consequential damages resulting from the use or inability to use the site for the cost of procurement of substitute goods and services, resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site resulting from unauthorized access to or alterations of your transmission data including, but not limited to, damages for loss of profits, use of data, or other intangible ,even if Gail Jewelers has been advised of the possibility of such damages.
Because some jurisdictions do not allow for the exclusion or limit action of liability for consequential or incidental damages. In such cases the liability is limited to the fullest extent of the law.
Waiver of a jury trial
The partners hereby irrevocably waive any and all right to a trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated hereby.
You agree to indemnify and hold Gail Jewelers and its subsidiaries, affiliates, officers, agents, co-branders, partners, or employees harmless from any claim or demand including reasonable attorneys fees made by any third party due to or arising out of Content you submit, post to, or transmit through the site. Your use of the connection to the site, your violation of the terms, or your violation of the rights of another.
The U.S. export control laws regulate the export and re-ex-port of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to foreign nationals. You agree to abide by these laws and their regulations-including but not limited to the Export Administration Act and the Arms Control Act and not to transfer by electronic transmission or otherwise any Content derived from this site to either a foreign national or a foreign destination in violation of those laws.
Links to third party sites
This site may contain links to other Internet sites on the World Wide Web. Gail Jewelers provides you with such links for your convenience and is not responsible for the content of any site linked to our site. Links from this site to any other site does not mean that Gail Jewelers approves, endorses or recommends that site. Gail Jewelers disclaims all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against Gail Jewelers with respect to such sites.
If you send any communications or materials to the site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as non-confidential and non proprietary. Thus, you give up any claim that any such material violates any of your rights, including moral rights, privacy rights, proprietary or other property rights, publicity, rights to credit for material or ideas, or any other right including, the right to approve the way Gail Jewelers uses such material. Any material submitted to the site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Gail Jewelers at any time anywhere in any medium forever. Furthermore, Gail Jewelers without any compensation to you may use ideas, know-how techniques contained in any communication. Including, but not limited to developing, manufacturing and marketing products using such information. However you understand and agree Gail Jewelers is not obligated to use any such ideas or materials and you have no right to compel such use.
These terms will be governed by and construed in accordance with the laws of the state of California without regard to any principals of conflicts of law. You agree that any action of law or inequity that arise out of or relates to the use of the Gail Jewelers site will be filed in the County of Los Angeles and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Our services are available only to individuals who can form legally binding contracts under the law. Without limiting the forgoing services are not available if you are not 18 years of age or older. If you do not qualify please do not use our services.
Gail Jewelers makes no representation that materials on this site are appropriate or available for use in locations outside of the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access from this site from other locations do so on their initiative and are responsible for compliance with local laws.
All notices provided for under this agreement are provided by email. As set forth above, it is your sole responsibility to ensure the accuracy and reliability of the email address that you provide and all of Gail Jewelers notice delivery obligations shall be deemed completed upon the transmission of the email notice from Gail Jewelers’ computer systems whether or not such notices are in fact received by you. Any mail sent by Gail Jewelers shall be deemed received on any Gail Jewelers computer system.
Gail Jewelers may terminate your access or suspend any user’s access to all or part of Gail Jewelers web site without notice or recourse, for any conduct that Gail Jewelers, in it’s sole discretion, finds to be in violation of any applicable law or is harmful to the interests of another use a third party provider a service provider or Gail Jewelers.
You and Gail Jewelers are independent contractors and no agency, partnership, joint venture, employee-employer or franchise-franchisee; relationship is intended or created by this agreement.
We respect the intellectual property of other and we ask our users to do the same. If you believe your work has been copied and is accessible on the site that constitutes a copyright infringement, you may notify us by providing our copyright agent with the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
(2) A description of the copyrighted work that you claim has been infringed
(3) Identification of the URL or other specific site where the material you claim is infringing is located
(4) Your address and phone number and email address
(5) a statement by you that you in good faith believe that the disputed use is unauthorized
(6) a statement by you under penalty perjury that the above information is correct and accurate and you are the copyright holder owner or authorized agent on owners behalf
(7) Our agent of notice of claims of copyright infringement can be reached by emailing us at firstname.lastname@example.org
(8) Any rights not expressly granted herein are reserved
(9) Any inquiries concerning the terms and conditions should be directed to:
73-525 El Paseo, #1500
Palm Desert, CA 92260